3 21 05 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, March 21,2005
Council met in Regular Session at 6:30 P.m. in the Library Auditorium
Present: Mayor Duggan, Council Members Suol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl
Invocation was given by Father Dwayne Thoman, Spiritual Director of Wahlert High School.
Proclamation: Community Development Week (March 25 - April 3, 2005) received by Sr. Paula
Maloy.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 2/28; City Council of 2/23, 3n, 3/8; Civil
Service Commission of 12/14; Electrical Code Soard of 2/21; Human Rights Commission of 2/14;
Zoning Advisory Commission of 3/2; Zoning Soard of Adjustment of 2/24, upon motion received
and filed.
Proofs of publication of Council Proceedings of February 7, 21, 22, 24 and 28, 2005 and March
2, 2005, and List of Claims and Summary of Revenues for month ending January 31, 2005 and
February 28,2005 (on file in the City Clerk's Office), upon motion received and filed.
Printed City Council Proceedings for January, 2005, upon motion received and filed and
approved as printed.
Notice of Claims/Suits: HAS Carriers, Inc. for vehicle damage, upon motion received and filed
and referred to Legal for investigation.
Corporation Counsel advising that the following claims has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: HAS Carriers, Inc., upon
motion received and filed and concurred.
Citizen Communication: Communication from Roy Hansen, Principal of Table Mound Elementary
School, regarding a pedestrian safety issue on Rockdale Road, upon motion received and filed
and referred to the City Manager.
Chestnut Street Reconstruction Project: City Manager recommending approval of the final
schedule of assessments for the Chestnut Street Reconstruction Project, upon motion received
and filed. Suol moved adoption of Resolution No. 95-05 Adopting the final assessment schedule
for the Chestnut Street Reconstruction Project including certain information required by the Code
of Iowa, specifically, the number of annual installments into which assessments are divided, the
interest on all unpaid installments, the time when the assessments are payable and directing the
Clerk to certify the final schedule and to publish notice thereof. Seconded by Nicholson. Motion
carried 7-0.
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Community Services Block Grant (CSBG) Fund: Communication to Congressman Jim Nussle
urging support for the continued funding of the Community Services Block Grant (CSBG) Fund,
upon motion received and filed.
Iowa Department of Natural Resources: Communication from the Iowa Department of Natural
Resources submitting the Water Compliance Inspection Report for the Dubuque Regional Airport,
upon motion received and filed.
City Manager providing information on the Iowa Department of Natural Resources Water
Compliance Inspection Report for the Dubuque Regional Airport, upon motion received and filed.
Dalsing Place No. 3 - Final Plat: Zoning Advisory Commission recommending approval of the
final plat of Lot 1 through 3 of Dalsing Place NO.3 in Dubuque County, upon motion received and
filed. Buol moved adoption of Resolution No. 96-05 Approving the final plat of Lot 1 through 3 of
Dalsing Place NO.3 in Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7-0.
City of Dubuque Dental Plan: City Manager recommending acceptance of the renewal rate for
the City's voluntary dental plan, upon motion received and filed and approved recommendation.
State Legislative Correspondence:
City Manager communication to State Legislators encouraging their support for SSB 1214 - Food
Inspection Cost Reimbursements, upon motion received and filed and approved.
City Manager communication to State Legislators urging their opposition to a proposal to
reclassify apartments from commercial to residential, upon motion received and filed and
approved.
City Manager communication to State Legislators urging their support for SSB 1095 and HSB 53,
which allow the award and transfer to State Enterprise Zone tax credits for housing development,
upon motion received and filed and approved.
City Manager communication to State Legislators encouraging their opposition to HSB 19
regarding statewide referendum requirements, upon motion received and filed and approved.
City Manager communication to State Representative Pam Jochum urging opposition to HSB 59
- Open Meetings Law, upon motion received and filed and approved.
City Manager communication to State Legislators urging opposition to SSB 1174 which would
require any new or renovated playground on public property to be inspected by the State Health
Department, upon motion received and filed and approved.
City Manager communication to State Legislators encouraging support of efforts to raise the
funding for the Iowa Historic Preservation Tax Credit from $2.4 million to $20 million per year,
upon motion received and filed and approved.
City Manager communication to State legislators urging a no vote to HSB 205 regarding the
taxation of facilities operated by a city as a cable communication system, upon motion received
and filed and approved.
City Manager communication to State legislators asking that they vote no to legislation that would
prevent a city from establishing and operating a municipal communications utility, upon motion
received and filed and approved.
Federal Legislative Correspondence:
Communication to congressional legislators regarding the elimination of federal funding (JAG and
Bryne Grant), upon motion received and filed and approved.
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Communication to Senator Tom Harkin and Senator Charles Grassley requesting their support
for the Federal Transportation Bill which includes $25 million in earmark funding for the Julien
Dubuque Bridge and $19 million for the Southwest Arterial (IA 32), upon motion received and filed
and approved.
Communication to Congressman Jim Nussle thanking him for his efforts to include $25 million in
earmark funding for the Julien Dubuque Bridge and $19 million for the Southwest Arterial (IA 32) in
the Federal Transportation Bill, upon motion received and filed and approved.
Dubuque Casino Hotel Lease Amendment: City Manager recommending approval of an
amendment to the lease agreement with Dubuque Casino Hotel, upon motion received and filed
and approved recommendation.
Housing Trust Fund Application: City Manager recommending approval of an application by the
Housing Trust Fund to the Iowa Finance Authority for a Local Housing Trust Fund Grant of
$200,000 to support the City's Washington Street Neighborhood Initiative, upon motion received
and filed and approved recommendation.
University Avenue Extension Project Property Acquisition: City Manager recommending approval
of an additional amount of $5,800 to acquire the James Newman property for the University
Avenue Extension Project, upon motion received and filed and approved recommendation.
Stealth Race Cars - Offer to Purchase: City Manager recommending approval of an offer to
purchase for the Stealth Race Car property and a six month lease to Terry/Linda Weidemann for
the property, upon motion received and filed and approved recommendation with Mayor Duggan
abstaining from the vote.
Acquisition of Elm Real Estate L.C.: City Manager recommending approval of the acceptance of
the deed to the Elm Real Estate, L.C. (Iowa Glass) property for the University Avenue Extension
Project, upon motion received and filed. Buol moved adoption of Resolution No. 97-05 Accepting
the deed to certain real estate in Dubuque County, Iowa from Elm Real Estate, L.C. Seconded by
Nicholson. Motion carried 7-0.
Business License Refund: Request of Ibrico, Inc., d/b/a Fat Tuesdays, requesting a refund of
their cigarette license in the amount of $25.00, upon motion received and filed and approved
refund.
Business Licenses: Buol moved adoption of Resolution No. 98-05 Granting the issuance of a
permit to sell cigarettes and cigarette papers within the City to Iowa Potato and Produce House;
Resolution No. 99-05 Granting the issuance of a Class "C" Beer Permit to Iowa Potato and
Produce House and Resolution No. 100-05 Granting the issuance of a Class "C" Beer/Liquor
License to The Yardarm, Noonan's Tap, Marco's Italian American Food, Bunker Hill Golf Course,
Hudson's Classic Grill, Neighbor's Tap, Ground Round, Busted Lift, and Salsa's Mexican
Restaurant. Seconded by Nicholson. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Fiber Optic Conduit System - Phase I Project: City Manager recommending initiation of the
public bidding process for the Fiber Optic Conduit System - Phase I Project and that a public
hearing be set for April 18, 2005, upon motion received and filed. Cline moved adoption of
Resolution No. 101-05 Preliminary approval of plans and specifications; Resolution No. 102-05
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Setting public hearing on the plans and specifications for 4/18/05 at a meeting to commence at
6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner
prescribed by law and Resolution No. 103-05 Ordering bids. Seconded by Markham. Motion
carried 7-0.
Five Flags Bleacher Replacement Project: City Manager recommending initiation of the public
bidding process for the Five Flags Bleacher Replacement Project and that a public hearing be set
for May 2, 2005, upon motion received and filed. Cline moved adoption of Resolution NO.1 04-05
Preliminary approval of plans and specifications; Resolution No. 105-05 Setting public hearing on
the plans and specifications for 5/2/05 at a meeting to commence at 6:30 P.M. in the public library
auditorium and direct the City Clerk to publish notice in the manner prescribed by law and
Resolution No. 106-05 Ordering bids. Seconded by Markham. Motion carried 7-0.
Five Flags Renovation Project: City Manager recommending initiation of the public bidding
process for the Five Flags Renovation Project and that a public hearing be set for May 2, 2005,
upon motion received and filed. Cline moved adoption of Resolution No. 107 -05 Preliminary
approval of plans and specifications; Resolution No. 108-05 Setting public hearing on the plans
and specifications for 5/2/05 at a meeting to commence at 6:30 P.M. in the public library
auditorium and direct the City Clerk to publish notice in the manner prescribed by law. and
Resolution No. 109-05 Ordering bids. Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointment to the following Board: Zoning Board of Adjustment (One 5-year term through
3/25/10 - Term of Ruden); Applicant: Michael A. Ruden Upon motion Michael A. Ruden was
reappointed to a five year term on the Zoning Board of Adjustment which will expire 3/25/10.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
440 Loras Boulevard - Request to Rezone: Proof of publication on notice of hearing to consider
rezoning property located at 440 Loras Boulevard from R-4 Multi-Family Residential District to OR
Office Residential District as requested by Angela Koppes and Zoning Advisory Commission
recommending approval, upon motion received and filed.
Angela Koppes spoke clarifying the requested rezoning.
Ordinance No. 21-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter described property located at 440 Loras Boulevard from
R-4 Multi-Family Residential District to OR Office Residential District, presented and read. Buol
moved that the requirement that a proposed Ordinance be considered and voted on for passage at
two Council Meetings prior to the meeting at which it is to be finally passed be suspended.
Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the
Ordinance. Seconded by Nicholson. Motion carried 7-0.
Wayne Briggs/Platinum Services/Highway 151/61 Development LLC - Request to Rezone:
Proof of publication on notice of hearing to consider rezoning property located at 701 East 16th
Street from HI Heavy Industrial District to PUD Planned Unit Development District as requested by
Wayne Briggs, Platinum Services/Highway 151/61 Development LLC and Zoning Advisory
Commission recommending approval, upon motion received and filed.
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Communication from Thomas L. Flynn, Flynn Ready-Mix Concrete, expressing conditional
support for changing the zoning classification for the property at 701 East 16th Street, upon motion
received and filed.
Attorney Brian Kane spoke clarifying specifics of the proposed development.
Ordinance No. 22-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter described property located along East 16th Street from
HI Heavy Industrial District to PUD Planned Unit Development District with a PC Planned
Commercial Designation and adopting a Conceptual Development Plan with Conditions for River
View Plaza, presented and read. Buol moved that the requirement that a proposed Ordinance be
considered and voted on for passage at two Council Meetings prior to the meeting at which it is to
be finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved final
consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0.
University of Dubuque - Amendment to Institutional District: Proof of publication on notice of
hearing to consider amending the University of Dubuque ID District to allow the construction of a
new academic and administration building at the northwest corner of Bennett and Algona Streets
as requested by the University of Dubuque and Zoning Advisory Commission recommending
approval and communication from Joseph Collins, 2120 Grace Street, upon motion received and
filed.
Tracey Wagner, Vice President of Finance and Auxiliary Services for the University of Dubuque,
reviewed specifics of the project and addressed concerns with regard to parking and fencing.
Tony Zelinskas, WHKS, explained detention plans for stormwater runoff.
Jim Hoppman, representing Helen Hoppman of 2224 Grace, stated that parking in the area
remains a problem and requested that the placement of the fencing around the proposed parking
lot be reviewed.
Peter Smith, Vice President of Enrollment for the University of Dubuque, and Paula Carlson,
Dean of Academics for the University of Dubuque, spoke in favor of the project.
Ordinance No. 23-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by providing for the approval of an Amended Conceptual Development Plan to
allow construction of the new Myers Academic and Administration Building for the University of
Dubuque ID Institutional District, presented and read. Buol moved that the requirement that a
proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the
meeting at which it is to be finally passed be suspended. Seconded by Nicholson. Motion carried
7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson.
Motion carried 7-0.
Goldthorpe Hall - University of Dubuque - Amendment to Institutional District: Proof of
publication on notice of hearing to consider amending the University of Dubuque ID District to
allow construction of a new addition to the Goldthorpe Science Hall at the southeast corner of
University Avenue and Algona Street as requested by the University of Dubuque and Zoning
Advisory Commission recommending approval, upon motion received and filed. Ordinance No.
24-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances
by providing for the approval of an Amended Conceptual Development Plan to allow construction
of an addition to Goldthorpe Science Hall for the University of Dubuque ID Institutional District,
presented and read. Buol moved that the requirement that a proposed Ordinance be considered
and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally
passed be suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved final
consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0.
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Asbury Plaza Business Park: Proof of publication on notice of hearing to consider an amendment
and expansion of the Asbury Plaza Business Park Planned Unit Development District as
requested by Wendell Corey/Jack Leaman/Motor City LLC and Zoning Advisory Commission
recommending approval, upon motion received and filed. Ordinance No. 25-05 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying
hereinafter described property located along the future extension of Plaza Drive from AG
Agricultural District to PUD Planned Unit Development District with a PC Planned Commercial
Designation and adopting an amended Conceptual Development Plan, with conditions for Motor
City, LLC, presented and read. Buol moved that the requirement that a proposed Ordinance be
considered and voted on for passage at two Council Meetings prior to the meeting at which it is to
be finally passed be suspended. Seconded by Connors. Motion carried 7-0. Buol moved final
consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0.
Exterior Renovations - Carnegie Stout Public Library Project: Proof of publication on notice of
hearing to consider adoption of the plans and specifications for the Exterior Renovations -
Carnegie Stout Public Library Project and City Manager recommending award of the contract to
Fred Jackson Tuckpointing in the amount of $80,733, upon motion received and filed. Michalski
moved adoption of Resolution No. 110-05 Adopting plans and specifications and Resolution No.
111-05 Awarding contract. Seconded by Connors. Motion carried 7-0.
2005 Curb Ramp Installation - CDBG Project No.1: Proof of publication on notice of hearing to
consider adoption of the plans and specifications for the 2005 Curb Ramp Installation - CDBG
Project No. 1 and City Manager recommending award of the contract to Perry Construction in the
amount of $20,926, upon motion received and filed. Markham moved adoption of Resolution No.
112-05 Adopting plans and . specifications and Resolution No. 113-05 Awarding contract.
Seconded by Cline. Motion carried 7-0.
US 20 Bridge - Right-of-Way: Proof of publication on notice of hearing to consider approval of
the Purchase Agreement and Quit Claim Deed to provide the necessary right-of-way to the Iowa
Department of Transportation for construction of a new US 20 bridge crossing the Mississippi
River and City Manager recommending approval, upon motion received and filed. Cline moved
adoption of Resolution No. 114-05 Disposing of City interest in a parcel of land located in
Government Lot 3 of Section 30, Township 89 North, Range 3 East of the 5th P.M., City of
Dubuque, Dubuque County, Iowa. Seconded by Connors. Motion carried 7-0.
Upon motion the following was removed from the table: University Avenue Reconstruction
Project (Tabled on March 7, 2005): Proof of publication on notice of hearing to consider adoption
of the plans and specifications for the University Avenue Reconstruction (US 20 to University
Avenue) Reinforced Concrete Box Culvert Extension Project, which was bid by the Iowa
Department of Transportation, and City Manager recommending award of the contract to
Tschiggfrie Excavating Company, upon motion received and filed. Michalski moved adoption of
Resolution No. 115-05 Adopting plans and specifications and Resolution No. 116-05 Awarding
contract. Seconded by Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Stormwater Projects - Sale of General Obligation Bonds: City Manager advising that the sale of
General Obligation Bonds to support stormwater projects will be held on Monday, March 21,2005
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at 11 :00 a.m. and that results will be brought to the March 21 Council meeting and City Manager
advising that the City has retained its Aa2 bond after review by Moody's Investor Services, upon
motion received and filed. Cline moved adoption of Resolution No. 117-05 Directing sale of
$1,750,000 General Obligation Bonds, Series 2005A. Seconded by Connors. Carried by the
following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan.
Dubuque Industrial Center West - Sale of General Obligation Bonds: City Manager advising
that the sale of General Obligation Bonds to support Dubuque Industrial Center West projects will
be held on Monday, March 21,2005 at 11 :00 a.m. and that results will be brought to the March 21
Council meeting, upon motion received and filed. Michalski moved adoption of Resolution No.
118-05 Directing sale of $4,270,000 General Obligation Urban Renewal Bonds, Series 2005B and
Resolution No. 119-05 Directing sale of $2,995,000 General Obligation Urban Renewal Bonds,
Taxable Series 2005C. Seconded by Connors. Motion carried 7-0.
Eleanor Ridge Estates Subdivision - Preliminary Plat: Zoning Advisory Commission
recommending approval of the preliminary plat of Eleanor Ridge Estates Subdivision, located on
Lake Eleanor Road in Dubuque County, as requested by Rick Ehrlick, upon motion received and
filed and approved recommendation.
Hillside Estates - Preliminary Plat: Zoning Advisory Commission recommending approval of the
preliminary plat of Hillside Estates located in Dubuque County as requested by Dean
Hoffman/River City Development Group LLC, upon motion received and filed and approved
recommendation.
Mayor Duggan turned the meeting over to the Mayor Pro-Tem due to possible conflict of interest.
Birch Heating and Cooling: Zoning Advisory Commission recommending approval of the site plan
for Birch Heating and Cooling located on Cedar Cross Road, as requested by IIW Engineers, upon
motion received and filed and approved recommendation.
Mayor Duggan took control of the meeting.
Transit Board of Trustees: City Manager recommending approval of recommendations from the
Transit Board of Trustees to address capacity constraint issues on the minibus service through
productivity improvements, upon motion received and filed and approved recommendation.
Michalski commended staff for their work on this issue..
Request for Proposals - Municipal Communications Utility: City Manager recommending
approval of the issuance of a Request for Proposals (RFP) for a consultant to study the feasibility
of a municipal communications utility, upon motion received and filed and approved
recommendation.
John Ervolino, 928 Spires Dr., spoke in favor of the RFP and the need for high speed internet.
Federal Communications Commission: Notification from the Federal Communications
Commission that MCClowa LLC has filed a Petition for Special Relief for Determination of
Effective Competition and Revocation of Certification, upon motion received and filed.
City Manager recommending that the City oppose the "Effective Competition" petition that
Mediacom has filed with the Federal Communications Commission and authorize the Miller and
Van Eaton law firm to file a Reply on the City's behalf, upon motion received and filed and
approved recommendation.
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Custodial Services for City Facilities: City Manager recommending approval to replace the use of
private cleaning services with part-time employees to provide custodial services for the Housing
Services Building, City Hall and the City Hall Annex, upon motion received and filed and approved
recommendation.
National Trust Advisor: City Manager advising that Planning Services Manager Laura Carstens
has been nominated to be a National Trust Advisor by the National Trust for Historic Preservation,
upon motion received and filed.
COUNCIL MEMBER REPORTS
Nicholson praised Hempstead High School's production of "Godspell." He also reported there
was a lot of activity and time spent on the CDBG funding issue at the National League of Cities
meeting.
At 8:38 P.M. upon motion it was resolved to go into Closed Session: Pending Litigation and
Property Acquisition - Chapter 21.5(1)(c)G) 2003 Code of Iowa.
At 8:50 P.M. Council reconvened Regular Meeting stating that Staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 8:51 P.M.
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City Clerk
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